S.I. No. 127/1979 - Social Welfare (Subsidiary Employments) Regulations, 1979.


S.I. No. 127 of 1979.

SOCIAL WELFARE (SUBSIDIARY EMPLOYMENTS) REGULATIONS, 1979.

The Minister for Social Welfare, in exercise of the powers conferred on him by section 3 of and paragraph 5 of Part II of the First Schedule to the Social Welfare Act, 1952 (No. 11 of 1952 ), hereby makes the following Regulations:—

1. These Regulations may be cited as the Social Welfare (Subsidiary Employments) Regulations, 1979.

2. Each of the employments set forth in the First Schedule hereto is hereby specified as being of such a nature that it is ordinarily adopted as subsidiary employment only and not as the principal means of livelihood.

3. The regulations specified in the Second Schedule to these Regulations are hereby revoked.

4. These Regulations shall come into operation on the 6th day of April, 1979.

FIRST SCHEDULE.

1. Any employment adopted by a person who is ordinarily and mainly dependent for his livelihood on an employment which is:—

( a ) an excepted employment by virtue of paragraph 2 or 4 of Part II of the First Schedule to the Social Welfare Act, 1952 , or

( b ) an employment set out in sub-article (1) of article 7 or in sub-article (1) of article 8 of the Social Welfare (Modifications of Insurance) Regulations, 1979 ( S.I. No. 87 of 1979 ).

2. Employment, involving occasional attendance only, under the Department of Justice as interpreter at sittings of a Court of Justice.

3. Employment of a woman, involving occasional service only, under the Revenue Commissioners, as a searcher.

4. Employment as attendant at or in connection with examinations held by the Department of Education.

5. Employment, involving occasional service only, under the Department of Agriculture, in the handling of kelp or seaweed.

6. Employment, involving occasional service only, under the Department of Social Welfare, as attendant on a Medical Referee.

7. Employment as attendant at or in connection with examinations held by the Civil Service Commissioners, or by the Local Appointments Commission.

8. Employment, involving occasional service only, as mace-bearer.

9. Employment as presiding officer or as poll clerk at presidential elections, elections to the Assembly of the European Communities, general elections, bye-elections, local elections or at referenda.

10. Employment, involving part-time service only:—

( a ) as civilian in charge of a rocket cliff-ladder life-saving apparatus and equipment connected therewith, being the property of the Department of Tourism and Transport;

( b ) in or with a volunteer company enrolled for the purpose of working a rocket cliff-ladder life-saving apparatus; or

( c ) in keeping a look-out in connection with the Coast Life Saving Service for wrecks or signals of distress at sea.

11. Employment, involving part-time service only, by a local or general lighthouse authority or dock, harbour or conservancy authority or board, in connection with the care or upkeep of minor lights, buoys, beacons, signals and tide-gauges.

12. Employment, involving part-time service only, as caretaker, where no wages are paid, or where no other money payments are made.

13. Employment in agriculture, involving part-time service only, in respect of which no wages or other money payment is made where the employed person is maintained by the employer.

14. Employment, involving part-time service only, at race meetings by the Racing Board of a person, other than a person who has no other occupation.

15. Employment of a person as postmaster of a sub-office remunerated by scale payment other than a person who is mainly dependent for his livelihood on the earnings derived by him from such employment and who is available to perform the duties of that employment for, on the average, eighteen or more hours in each week.

16. Employment in any of the following employments where the employment involves, on the average, personal attendance of less than eighteen hours in the week:—

( a ) employment as collector or deliverer of postal packets under the designation of allowance deliverer;

( b ) employment as messenger carrying Post Office mails on station or pier service.

17. Employment, involving part-time service only, as a teacher by a Vocational Education Committee, where the person employed is not mainly dependent for his livelihood on the earnings derived by him from such employment.

18. Employment, involving part-time or occasional service only, under the Department of Justice, as female attendant on or female searcher of persons in the custody of the Garda Síochána.

19. Employment, involving part-time service only, under the Revenue Commissioners as cleaner of official huts on the land frontier.

20. Employment, involving less than eighteen hours in a contribution week, under the Commissioners of Public Works in Ireland or under the Irish Land Commission in any one or more of the following capacities—chain or staff man, gauge reader, attendant on hydrometric survey work.

21. Employment, involving part-time or occasional service only, under the Commissioners of Public Works in Ireland, as caretaker of property surplus to State requirements, or as collector of rents of lettings therein.

22. Employment, involving part-time service only, under the Department of Agriculture, as a caretaker of curing-stations, stores or boats.

23. Employment, involving part-time service only, under the Department of Agriculture, as cleaner of an inspection office at a port, or as milker at an educational institution, or under the Department of Fisheries and Forestry as collector of fishery statistics.

24. Employment, involving part-time service only, under the Irish Land Commission as stock manager or paymaster.

25. Employment, involving part-time or occasional service only, under any local or other public authority, in any one or more of the following capacities—keeper of a circuit or district courthouse, member of a fire brigade, caretaker of waterworks or sewerage plant, non-resident caretaker of a dispensary or health-centre, clerk to an old age pensions committee, keeper of a pound, public convenience attendant.

26. Employment, involving only service outside the ordinary hours of work, by a local authority as librarian.

27. Employment, involving part-time service only, by a local or other public authority or by any company or body responsible for the lighting of any local area, in any one or more of the following capacities—lighter, extinguisher or cleaner of lamps.

28. Employment, involving less than eighteen hours service in a contribution week, as artist's model.

29. Employment, involving less than eighteen hours service in a contribution week, in the delivery of milk or newspapers.

30. Employment, involving part-time service only, as a caretaker or constable of a harbour, pier, fishery pier, slip or lights or beacons.

31. Employment, involving only occasional service or service outside the ordinary hours of work, in the performance of clerical duties.

32. Employment as secretary or clerk of a society, club, committee, philanthropic institution, school, or other similar body or institution, where personal service is ordinarily required only occasionally, or outside the ordinary hours of work.

33. Employment, by one employer, involving part-time service only in any one or more of the following capacities—caretaker of lands or of property thereon, buildings, ancient or national monuments, stores and building materials, sandpits, gravelpits, plantations, including bent grass or other sand fixation plantations, woods, embankments, quarries, warrens, seawalls, and similar protective works, drains, sluices, watercourses, sand-hills, foreshores, weigh-bridges, market scales and market houses.

34. Employment, by one employer, involving part-time service only, in any one or more of the following capacities—herd, estate bailiff, rent warner, game-keeper, game-watcher, game ranger, shore watcher, wood ranger, mountain ranger, bog bailiff, bog surveyor, bog ranger, water keeper, water bailiff, seaweed bailiff, collector of tolls and customs.

35. Employment, involving part-time service only, as attendant at a child welfare centre.

36. Occasional employment of a person in the picking, tending, gathering, harvesting or processing of fruit, vegetables, mushrooms or crops.

37. Employment, involving less than eighteen hours service in a contribution week, in both or either of the following capacities as cleaner or as water carrier at a Garda Síochána Station.

38. Employment, involving less than eighteen hours service in a contribution week, in one or more of the following capacities—in the cleaning of a school (including duties incidental thereto) or in the cleaning of drains, cesspools, pits or offices in or about a school or in the preparation or serving of meals under the Education (Provision of Meals) Acts, 1914—1975.

39. Employment, involving part-time service only, as caretaker of a burial ground.

40. Employment, involving part-time service only, as a member of the crew of a lifeboat.

41. Employment, involving less than eighteen hours service in a contribution week, under Bord Iascaigh Mhara, as local agent.

42. Employment, involving part-time or occasional service only, as gate keeper.

43. Employment, involving less than eighteen hours service in a contribution week, otherwise than under a local or public authority as rent collector.

44. Employment, involving part-time or occasional service only, as non-resident caretaker of a town, parish or similar hall.

45. Employment as a member of the Defence Forces involving service in either An Forsa Cosanta Aitiúil or An Slua Muiri for any period not in excess of 21 consecutive days.

46. Employment, involving less than eighteen hours service in a contribution week, as home help in pursuance of an arrangement made by a health board under section 61 of the Health Act, 1970 (No. 1 of 1970).

47. Employment, involving less than eighteen hours in a contribution week, as an interviewer in connection with a marketing survey, opinion poll, census or similar project.

48. Employment, involving part-time service only, as a teacher in a comprehensive or community school established by the Minister for Education, where the person employed is not mainly dependent for his livelihood on the earnings derived by him from such employment.

49. Employment, involving less than eighteen hours service in a contribution week, under the Electricity Supply Board in both or either of the following capacities—as gauge reader, or as station attendant at a sub-station at which a full-time employee is not ordinarily in attendance.

GIVEN under the Official Seal of the Minister for Social Welfare this 5th

day of April, 1979.

CHARLES J. HAUGHEY,

Minister for Social Welfare.

Article 3

SECOND SCHEDULE.

Regulations revoked.

1. The Social Welfare (Subsidiary Employments) Regulations, 1953 ( S.I. No. 18 of 1953 ).

2. The Social Welfare (Subsidiary Employments) (No. 2) Regulations, 1953 ( S.I. No. 321 of 1953 ).

3. The Social Welfare (Subsidiary Employments) (Amendment) Regulations, 1969 ( S.I. No. 17 of 1969 ).

4. The Social Welfare (Subsidiary Employments) Regulations, 1970 ( S.I. No. 26 of 1970 ).

5. The Social Welfare (Subsidiary Employments) Regulations, 1972 ( S.I. No. 77 of 1972 ).

6. The Social Welfare (Subsidiary Employments) Regulations, 1974 ( S.I. No. 370 of 1974 ).

7. The Social Welfare (Subsidiary Employments) Regulations, 1977 ( S.I. No. 235 of 1977 ).

8. The Social Welfare (Subsidiary Employments) Regulations, 1978 ( S.I. No. 100 of 1978 ).

EXPLANATORY NOTE.

These Regulations which revoke the Social Welfare (Subsidiary Employments) Regulations, 1953 to 1978, specify certain categories of employments, each of which is of such a nature that it is ordinarily adopted as subsidiary to the main occupation or principal means of livelihood. The employments so specified are excepted from liability for social insurance contributions but under the provisions of the Social Welfare (Occupational Injuries) Act, 1966 , a contribution is payable in respect of occupational injury benefit.